| Sarceno v Manhattan View LLC. |
| Motion No: 2021-05603 |
| Slip Opinion No: 2023 NY Slip Op 74893(U) |
| Decided on October 11, 2023 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M291520
ID/
ANGELA G. IANNACCI, J.P.
PAUL WOOTEN
HELEN VOUTSINAS
LILLIAN WAN, JJ.
|
2021-05603 Wilmer Sarceno, plaintiff-respondent, v Manhattan View LLC., defendant, Mima Tower Associates, LLC appellant, Brady Construction Inc., defendant-respon (Index No. 516016/2018)
| DECISION & ORDER ON MOTION ., dent. |
Appeal from an order of the Supreme Court, Kings County, dated June 24, 2021. Motion by the plaintiff-respondent to dismiss the appeal on the ground that the appellant did not comply with 22 NYCRR 1245.3(b), or, in the alternative, to extend the time to serve and file a respondent's brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before December 11, 2023, the plaintiff-respondent shall serve and file the plaintiff-respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.
IANNACCI, J.P., WOOTEN, VOUTSINAS and WAN, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court